Legal Question in Family Law in California

Im engaged to a man with kids. His ex wife lives in Alabama with the 3 kids and he has a child here in Los Angeles Ca. with another woman. Total of 4 kids. He is already on the system/child support with the child in Los Angeles paying $300 a month. Now the ex wife with the 3 kids in Alabama are not in the system they just have an agreement. He pays her $800 a month plus he pays for one of the kids braces and cell phone bill and does extra stuff as well. Flying out there to see them and them coming down in the summer to stay with him for 2 1/2 months. She also is doing fraud cause she is on the system and getting money from him which is not reported. May I add she pays no rent or mortgage due to the house she is living in is her parents. My question is how do I protect myself? She states she is going to get me for child support when we get married. I talked to my tax lady years ago and she stated that she can't touch me if I don't change my last name, do taxes with him or have joint accounts. Is this true? Do I need to do anything else ? We are getting married in Aug. 2016.


Asked on 12/27/15, 9:37 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Cal statutes state that the income of a new spouse cannot be used to calculate child support. New spouse income is used to determine the tax rate paid by the parent. You should keep your income and his income in separate accounts. With only your name on your account and his name on his account. You can have a joint account with only enough money to pay household bills. You can file joint tax returns, but any refund would be subject to being taken for any arrears. You should consult an attorney to discuss this this issue in greater detail.

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Answered on 12/27/15, 12:22 pm


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